The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 493 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Representatives Williams, B., Pillich, Newcomb, Lehner, Driehaus, Harris, Letson, Hagan, Lundy, Skindell, Foley, Yuko, Fende, Winburn, Stewart, DeGeeter, Garland, Derickson, Harwood, Brown, Pryor, Mallory
A BILL
To amend sections 109.73, 2901.13, 2905.01, 2905.02,
2907.21, 2923.01, 2923.31, 2929.01, 2929.14, and
2941.1422 and to enact sections 109.44, 109.745,
109.746, 2307.54, 2905.31, 2905.32, 2905.33,
2930.21, 4113.72, and 5515.071 of the Revised Code
relative to trafficking in persons.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.73, 2901.13, 2905.01, 2905.02,
2907.21, 2923.01, 2923.31, 2929.01, 2929.14, and 2941.1422 be
amended and sections 109.44, 109.745, 109.746, 2307.54, 2905.31,
2905.32, 2905.33, 2930.21, 4113.72, and 5515.071 of the Revised
Code be enacted to read as follows:
Sec. 109.44. (A) The attorney general, with assistance from
the bureau of criminal identification and investigation, annually
shall publish statistical data on violations of section 2905.32 of
the Revised Code. The first annual publication of this data shall
occur one year after the effective date of this section.
(B) Each state agency and each agency of each political
subdivision that investigates violations of section 2905.32 of the
Revised Code or acts of human trafficking as defined in section
2929.01 of the Revised Code shall collect and submit to the bureau
of criminal identification and investigation on a date to be
determined by the attorney general the following information
relevant to those violations:
(1) The number of investigations, arrests, prosecutions, and
successful convictions of persons for a violation of that section;
(2) The estimated number and demographic characteristics of
persons violating section 2905.32 of the Revised Code, as well as
those persons who purchase or receive a commercial sex act,
sexually explicit performance, labor, or services from victims of
violations of that section;
(3) Statistics on the number of victims of violations of that
section and statistics on the nationality, age, method of
recruitment, and country, state, or city of origin of the victims
of violations of that section;
(4) Trafficking routes and trafficking patterns used in
violations of that section;
(5) Methods of transportation used in violations of that
section;
(6) Social and economic factors that contribute to and foster
the demand for all forms of exploitation of persons that leads to
trafficking in persons.
(C) As used in this section, "commercial sex act," "labor,"
"services," and "sexually explicit performance" have the same
meanings as in section 2905.31 of the Revised Code.
Sec. 109.73. (A) The Ohio peace officer training commission
shall recommend rules to the attorney general with respect to all
of the following:
(1) The approval, or revocation of approval, of peace officer
training schools administered by the state, counties, municipal
corporations, public school districts, technical college
districts, and the department of natural resources;
(2) Minimum courses of study, attendance requirements, and
equipment and facilities to be required at approved state, county,
municipal, and department of natural resources peace officer
training schools;
(3) Minimum qualifications for instructors at approved state,
county, municipal, and department of natural resources peace
officer training schools;
(4) The requirements of minimum basic training that peace
officers appointed to probationary terms shall complete before
being eligible for permanent appointment, which requirements shall
include training in the handling of the offense of domestic
violence, other types of domestic violence-related offenses and
incidents, and protection orders and consent agreements issued or
approved under section 2919.26 or 3113.31 of the Revised Code;
crisis intervention training; and training in the handling of
missing children and child abuse and neglect cases; and a
specified amount of training in handling violations of section
2905.32 of the Revised Code; and the time within which such basic
training shall be completed following appointment to a
probationary term;
(5) The requirements of minimum basic training that peace
officers not appointed for probationary terms but appointed on
other than a permanent basis shall complete in order to be
eligible for continued employment or permanent appointment, which
requirements shall include training in the handling of the offense
of domestic violence, other types of domestic violence-related
offenses and incidents, and protection orders and consent
agreements issued or approved under section 2919.26 or 3113.31 of
the Revised Code, crisis intervention training, and training in
the handling of missing children and child abuse and neglect
cases, and a specified amount of training in handling violations
of section 2905.32 of the Revised Code, and the time within which
such basic training shall be completed following appointment on
other than a permanent basis;
(6) Categories or classifications of advanced in-service
training programs for peace officers, including programs in the
handling of the offense of domestic violence, other types of
domestic violence-related offenses and incidents, and protection
orders and consent agreements issued or approved under section
2919.26 or 3113.31 of the Revised Code, in crisis intervention,
and in the handling of missing children and child abuse and
neglect cases, and in handling violations of section 2905.32 of
the Revised Code, and minimum courses of study and attendance
requirements with respect to such categories or classifications;
(7) Permitting persons, who are employed as members of a
campus police department appointed under section 1713.50 of the
Revised Code; who are employed as police officers by a qualified
nonprofit corporation police department pursuant to section
1702.80 of the Revised Code; who are appointed and commissioned as
bank, savings and loan association, savings bank, credit union, or
association of banks, savings and loan associations, savings
banks, or credit unions police officers, as railroad police
officers, or as hospital police officers pursuant to sections
4973.17 to 4973.22 of the Revised Code; or who are appointed and
commissioned as amusement park police officers pursuant to section
4973.17 of the Revised Code, to attend approved peace officer
training schools, including the Ohio peace officer training
academy, and to receive certificates of satisfactory completion of
basic training programs, if the private college or university that
established the campus police department; qualified nonprofit
corporation police department; bank, savings and loan association,
savings bank, credit union, or association of banks, savings and
loan associations, savings banks, or credit unions; railroad
company; hospital; or amusement park sponsoring the police
officers pays the entire cost of the training and certification
and if trainee vacancies are available;
(8) Permitting undercover drug agents to attend approved
peace officer training schools, other than the Ohio peace officer
training academy, and to receive certificates of satisfactory
completion of basic training programs, if, for each undercover
drug agent, the county, township, or municipal corporation that
employs that undercover drug agent pays the entire cost of the
training and certification;
(9)(a) The requirements for basic training programs for
bailiffs and deputy bailiffs of courts of record of this state and
for criminal investigators employed by the state public defender
that those persons shall complete before they may carry a firearm
while on duty;
(b) The requirements for any training received by a bailiff
or deputy bailiff of a court of record of this state or by a
criminal investigator employed by the state public defender prior
to June 6, 1986, that is to be considered equivalent to the
training described in division (A)(9)(a) of this section.
(10) Establishing minimum qualifications and requirements for
certification for dogs utilized by law enforcement agencies;
(11) Establishing minimum requirements for certification of
persons who are employed as correction officers in a full-service
jail, five-day facility, or eight-hour holding facility or who
provide correction services in such a jail or facility;
(12) Establishing requirements for the training of agents of
a county humane society under section 1717.06 of the Revised Code,
including, without limitation, a requirement that the agents
receive instruction on traditional animal husbandry methods and
training techniques, including customary owner-performed
practices.
(B) The commission shall appoint an executive director, with
the approval of the attorney general, who shall hold office during
the pleasure of the commission. The executive director shall
perform such duties assigned by the commission. The executive
director shall receive a salary fixed pursuant to Chapter 124. of
the Revised Code and reimbursement for expenses within the amounts
available by appropriation. The executive director may appoint
officers, employees, agents, and consultants as the executive
director considers necessary, prescribe their duties, and provide
for reimbursement of their expenses within the amounts available
for reimbursement by appropriation and with the approval of the
commission.
(C) The commission may do all of the following:
(1) Recommend studies, surveys, and reports to be made by the
executive director regarding the carrying out of the objectives
and purposes of sections 109.71 to 109.77 of the Revised Code;
(2) Visit and inspect any peace officer training school that
has been approved by the executive director or for which
application for approval has been made;
(3) Make recommendations, from time to time, to the executive
director, the attorney general, and the general assembly regarding
the carrying out of the purposes of sections 109.71 to 109.77 of
the Revised Code;
(4) Report to the attorney general from time to time, and to
the governor and the general assembly at least annually,
concerning the activities of the commission;
(5) Establish fees for the services the commission offers
under sections 109.71 to 109.79 of the Revised Code, including,
but not limited to, fees for training, certification, and testing;
(6) Perform such other acts as are necessary or appropriate
to carry out the powers and duties of the commission as set forth
in sections 109.71 to 109.77 of the Revised Code.
(D) In establishing the requirements, under division (A)(12)
of this section, the commission may consider any portions of the
curriculum for instruction on the topic of animal husbandry
practices, if any, of the Ohio state university college of
veterinary medicine. No person or entity that fails to provide
instruction on traditional animal husbandry methods and training
techniques, including customary owner-performed practices, shall
qualify to train a humane agent for appointment under section
1717.06 of the Revised Code.
Sec. 109.745. (A) The attorney general shall provide
training for peace officers in investigating and handling
violations of section 2905.32 of the Revised Code. The training
shall include all of the following:
(1) Identifying violations of section 2905.32 of the Revised
Code;
(2) Methods used in identifying victims of violations of
section 2905.32 of the Revised Code who are citizens of the United
States or a foreign country, including preliminary interviewing
techniques and appropriate questioning methods;
(3) Methods for prosecuting persons who violate section
2905.32 of the Revised Code;
(4) Methods of increasing effective collaboration with
nongovernmental organizations and other social service
organizations in the course of a criminal action regarding a
violation of section 2905.32 of the Revised Code;
(5) Methods for protecting the rights of victims of
violations of section 2905.32 of the Revised Code, including the
need to consider human rights and the special needs of women and
children who are victims of violations of that section and to
treat victims as victims rather than as criminals;
(6) Methods for promoting the safety of victims of violations
of section 2905.32 of the Revised Code, including the training of
peace officers to quickly recognize victims of a violation of any
of those sections who are citizens of the United States or
citizens of a foreign country.
(B) Any organization, person, or other governmental agency
with an interest and expertise in trafficking in persons may
submit information or materials to the attorney general regarding
the development and presentation of the training required under
this section. The attorney general, in developing the training
required by this section, shall consider any information submitted
pursuant to this division.
Sec. 109.746. (A) The attorney general may prepare public
awareness programs that are designed to educate potential victims
of violations of section 2905.32 of the Revised Code and their
families of the risks of becoming a victim of a violation of that
section. The attorney general may prepare these programs with
assistance from the department of health, the department of mental
health, the department of job and family services, the department
of alcohol and drug addiction services, and the department of
education. The extent of the assistance provided by those
departments shall be determined by the attorney general.
(B) The attorney general may periodically evaluate all public
awareness programs and materials under this section to ensure the
programs' and materials' effectiveness.
(C) Any organization, person, or other governmental agency
with an interest and expertise in trafficking in persons may
submit information or materials to the attorney general regarding
the preparation of the programs and materials permitted under this
section. The attorney general, in developing the programs and
materials permitted by this section, shall consider any
information submitted pursuant to this division.
Sec. 2307.54. A person who suffers injury or loss to person
or property as a result of an act committed in violation of
section 2905.32 of the Revised Code has a civil action against the
offender and may recover in that action full compensatory damages,
punitive or exemplary damages, court costs, other reasonable
expenses incurred in maintaining that action, and the reasonable
attorney's fees incurred in maintaining that action.
Sec. 2901.13. (A)(1) Except as provided in division (A)(2)
or (3) of this section or as otherwise provided in this section, a
prosecution shall be barred unless it is commenced within the
following periods after an offense is committed:
(a) For a felony, six years;
(b) For a misdemeanor other than a minor misdemeanor, two
years;
(c) For a minor misdemeanor, six months.
(2) There is no period of limitation for the prosecution of a
violation of section 2903.01 or 2903.02 of the Revised Code.
(3) Except as otherwise provided in divisions (B) to (H)(J)
of this section, a prosecution of any of the following offenses
shall be barred unless it is commenced within twenty years after
the offense is committed:
(a) A violation of section 2903.03, 2903.04, 2905.01,
2905.32, 2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02,
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29,
2911.01, 2911.02, 2911.11, 2911.12, or 2917.02 of the Revised
Code, a violation of section 2903.11 or 2903.12 of the Revised
Code if the victim is a peace officer, a violation of section
2903.13 of the Revised Code that is a felony, or a violation of
former section 2907.12 of the Revised Code;
(b) A conspiracy to commit, attempt to commit, or complicity
in committing a violation set forth in division (A)(3)(a) of this
section.
(B)(1) Except as otherwise provided in division (B)(2) of
this section, if the period of limitation provided in division
(A)(1) or (3) of this section has expired, prosecution shall be
commenced for an offense of which an element is fraud or breach of
a fiduciary duty, within one year after discovery of the offense
either by an aggrieved person, or by the aggrieved person's legal
representative who is not a party to the offense.
(2) If the period of limitation provided in division (A)(1)
or (3) of this section has expired, prosecution for a violation of
section 2913.49 of the Revised Code shall be commenced within five
years after discovery of the offense either by an aggrieved person
or the aggrieved person's legal representative who is not a party
to the offense.
(C)(1) If the period of limitation provided in division
(A)(1) or (3) of this section has expired, prosecution shall be
commenced for the following offenses during the following
specified periods of time:
(a) For an offense involving misconduct in office by a public
servant, at any time while the accused remains a public servant,
or within two years thereafter;
(b) For an offense by a person who is not a public servant
but whose offense is directly related to the misconduct in office
of a public servant, at any time while that public servant remains
a public servant, or within two years thereafter.
(2) As used in this division:
(a) An "offense is directly related to the misconduct in
office of a public servant" includes, but is not limited to, a
violation of section 101.71, 101.91, 121.61 or 2921.13, division
(F) or (H) of section 102.03, division (A) of section 2921.02,
division (A) or (B) of section 2921.43, or division (F) or (G) of
section 3517.13 of the Revised Code, that is directly related to
an offense involving misconduct in office of a public servant.
(b) "Public servant" has the same meaning as in section
2921.01 of the Revised Code.
(D) An offense is committed when every element of the offense
occurs. In the case of an offense of which an element is a
continuing course of conduct, the period of limitation does not
begin to run until such course of conduct or the accused's
accountability for it terminates, whichever occurs first.
(E) A prosecution is commenced on the date an indictment is
returned or an information filed, or on the date a lawful arrest
without a warrant is made, or on the date a warrant, summons,
citation, or other process is issued, whichever occurs first. A
prosecution is not commenced by the return of an indictment or the
filing of an information unless reasonable diligence is exercised
to issue and execute process on the same. A prosecution is not
commenced upon issuance of a warrant, summons, citation, or other
process, unless reasonable diligence is exercised to execute the
same.
(F) The period of limitation shall not run during any time
when the corpus delicti remains undiscovered.
(G) The period of limitation shall not run during any time
when the accused purposely avoids prosecution. Proof that the
accused departed this state or concealed the accused's identity or
whereabouts is prima-facie evidence of the accused's purpose to
avoid prosecution.
(H) The period of limitation shall not run during any time a
prosecution against the accused based on the same conduct is
pending in this state, even though the indictment, information, or
process that commenced the prosecution is quashed or the
proceedings on the indictment, information, or process are set
aside or reversed on appeal.
(I) The period of limitation for a violation of any provision
of Title XXIX of the Revised Code that involves a physical or
mental wound, injury, disability, or condition of a nature that
reasonably indicates abuse or neglect of a child under eighteen
years of age or of a mentally retarded, developmentally disabled,
or physically impaired child under twenty-one years of age shall
not begin to run until either of the following occurs:
(1) The victim of the offense reaches the age of majority.
(2) A public children services agency, or a municipal or
county peace officer that is not the parent or guardian of the
child, in the county in which the child resides or in which the
abuse or neglect is occurring or has occurred has been notified
that abuse or neglect is known, suspected, or believed to have
occurred.
(J) As used in this section, "peace officer" has the same
meaning as in section 2935.01 of the Revised Code.
Sec. 2905.01. (A) No person, by force, threat, or deception,
or, in the case of a victim under the age of thirteen or mentally
incompetent, by any means, shall remove another from the place
where the other person is found or restrain the liberty of the
other person, for any of the following purposes:
(1) To hold for ransom, or as a shield or hostage;
(2) To facilitate the commission of any felony or flight
thereafter;
(3) To terrorize, or to inflict serious physical harm on the
victim or another;
(4) To engage in sexual activity, as defined in section
2907.01 of the Revised Code, with the victim against the victim's
will;
(5) To hinder, impede, or obstruct a function of government,
or to force any action or concession on the part of governmental
authority;
(6) To hold another in a condition of involuntary servitude.
(B) No person, by force, threat, or deception, or, in the
case of a victim under the age of thirteen or mentally
incompetent, by any means, shall knowingly do any of the
following, under circumstances that create a substantial risk of
serious physical harm to the victim or, in the case of a minor
victim, under circumstances that either create a substantial risk
of serious physical harm to the victim or cause physical harm to
the victim:
(1) Remove another from the place where the other person is
found;
(2) Restrain another of the other person's liberty;
(3) Hold another in a condition of involuntary servitude.
(C)(1) Whoever violates this section is guilty of kidnapping.
Except as otherwise provided in this division or division (C)(2)
or (3) of this section, kidnapping is a felony of the first
degree. Except as otherwise provided in this division or division
(C)(2) or (3) of this section, if the offender releases the victim
in a safe place unharmed, kidnapping is a felony of the second
degree.
(2) If the offender also is convicted of or pleads guilty to
a specification as described in section 2941.1422 of the Revised
Code that was included in the indictment, count in the indictment,
or information charging the offense, the court shall order the
offender to make restitution as provided in division (B)(8) of
section 2929.18 of the Revised Code and, except as otherwise
provided in division (C)(3) of this section, shall sentence the
offender to a mandatory prison term as provided in division (D)(7)
of section 2929.14 of the Revised Code.
(3) If the victim of the offense is less than thirteen years
of age and if the offender also is convicted of or pleads guilty
to a sexual motivation specification that was included in the
indictment, count in the indictment, or information charging the
offense, kidnapping is a felony of the first degree, and,
notwithstanding the definite sentence provided for a felony of the
first degree in section 2929.14 of the Revised Code, the offender
shall be sentenced pursuant to section 2971.03 of the Revised Code
as follows:
(a) Except as otherwise provided in division (C)(3)(b) of
this section, the offender shall be sentenced pursuant to that
section to an indefinite prison term consisting of a minimum term
of fifteen years and a maximum term of life imprisonment.
(b) If the offender releases the victim in a safe place
unharmed, the offender shall be sentenced pursuant to that section
to an indefinite term consisting of a minimum term of ten years
and a maximum term of life imprisonment.
(D) As used in this section, "sexual:
(1) "Involuntary servitude" has the same meaning as in
section 2905.31 of the Revised Code.
(2) "Sexual motivation specification" has the same meaning as
in section 2971.01 of the Revised Code.
Sec. 2905.02. (A) No person, without privilege to do so,
shall knowingly do any of the following:
(1) By force or threat, remove another from the place where
the other person is found;
(2) By force or threat, restrain the liberty of another
person under circumstances that create a risk of physical harm to
the victim or place the other person in fear;
(3) Hold another in a condition of involuntary servitude.
(B) No person, with a sexual motivation, shall violate
division (A) of this section.
(C) Whoever Except as otherwise provided in this division,
whoever violates this section is guilty of abduction, a felony of
the third degree.
If the offender violates division (A)(3) of this
section, abduction is a felony of the second degree. If the
offender also is convicted of or pleads guilty to a specification
as described in section 2941.1422 of the Revised Code that was
included in the indictment, count in the indictment, or
information charging the offense, the court shall sentence the
offender to a mandatory prison term as provided in division (D)(7)
of section 2929.14 of the Revised Code and shall order the
offender to make restitution as provided in division (B)(8) of
section 2929.18 of the Revised Code.
(D) As used in this section, "sexual:
(1) "Involuntary servitude" has the same meaning as in
section 2905.31 of the Revised Code.
(2) "Sexual motivation" has the same meaning as in section
2971.01 of the Revised Code.
Sec. 2905.31. As used in sections 2905.31 and 2905.32 of the
Revised Code:
(A) "Commercial sex act" means any sex act on account of
which anything of value is directly or indirectly given, promised
to, or received by any person.
(B) "Involuntary servitude" means being compelled to perform
labor or services for another against one's will.
(C) "Labor" means work of economic or financial value.
(D) "Material that is obscene, sexually oriented, or nudity
oriented" and "performance that is obscene, sexually oriented, or
nudity oriented" have the same meanings as in section 2929.01 of
the Revised Code.
(E) "Services" means an ongoing relationship between persons
in which a person performs activities at the behest of, under the
supervision of, or for the benefit of another person.
(F) "Sexually explicit performance" means a live, public,
private, photographed, recorded, or videotaped act intended to
sexually arouse, satisfy the sexual desires of, or appeal to the
prurient interests of any person.
Sec. 2905.32. (A) No person shall knowingly recruit, lure,
entice, solicit, isolate, harbor, transport, provide, obtain, or
maintain, or knowingly attempt to recruit, lure, entice, solicit,
isolate, harbor, transport, provide, obtain, or maintain, another
person knowing or having reasonable cause to believe that the
person will be subjected to involuntary servitude or compelled to
engage in sexual activity for hire, to engage in a performance
that is obscene, sexually oriented, or nudity oriented, or be a
model or participant in the production of material that is
obscene, sexually oriented, or nudity oriented.
(B) Whoever violates this section is guilty of trafficking in
persons, a felony of the second degree.
Sec. 2905.33. (A) No person, without privilege to do so,
shall knowingly destroy, conceal, remove, confiscate, or possess
any actual or purported government identification document or
passport of another person in the course of a violation of, with
intent to violate, or to facilitate a violation of section
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, 2907.32, 2907.321,
2907.322, or 2907.323 of the Revised Code.
(B) Whoever violates this section is guilty of unlawful
conduct with respect to documents, a felony of the third degree.
Sec. 2907.21. (A) No person shall knowingly do any of the
following:
(1) Compel another to engage in sexual activity for hire;
(2) Induce, procure, encourage, solicit, request, or
otherwise facilitate either of the following:
(a) A minor to engage in sexual activity for hire, whether or
not the offender knows the age of the minor;
(b) A person the offender believes to be a minor to engage in
sexual activity for hire, whether or not the person is a minor.
(3)(a) Pay or agree to pay a minor, either directly or
through the minor's agent, so that the minor will engage in sexual
activity, whether or not the offender knows the age of the minor;
(b) Pay or agree to pay a person the offender believes to be
a minor, either directly or through the person's agent, so that
the person will engage in sexual activity, whether or not the
person is a minor.
(4)(a) Pay a minor, either directly or through the minor's
agent, for the minor having engaged in sexual activity pursuant to
a prior agreement, whether or not the offender knows the age of
the minor;
(b) Pay a person the offender believes to be a minor, either
directly or through the person's agent, for the person having
engaged in sexual activity pursuant to a prior agreement, whether
or not the person is a minor.
(5)(a) Allow a minor to engage in sexual activity for hire if
the person allowing the child to engage in sexual activity for
hire is the parent, guardian, custodian, person having custody or
control, or person in loco parentis of the minor;
(b) Allow a person the offender believes to be a minor to
engage in sexual activity for hire if the person allowing the
person to engage in sexual activity for hire is the parent,
guardian, custodian, person having custody or control, or person
in loco parentis of the person the offender believes to be a
minor, whether or not the person is a minor.
(B) Whoever violates this section is guilty of compelling
prostitution. Except as otherwise provided in this division,
compelling prostitution is a felony of the third degree.
If the
offender commits a violation of division (A)(1) of this section
and the person compelled to engage in sexual activity for hire in
violation of that division is less than eighteen years of age,
compelling prostitution is a felony of the second degree. If the
offender commits a violation of division (A)(1) of this section
and the person compelled to engage in sexual activity for hire in
violation of that division is less than sixteen years of age,
compelling prostitution is a felony of the
second first degree.
If the offender in any case also is convicted of or pleads guilty
to a specification as described in section 2941.1422 of the
Revised Code that was included in the indictment, count in the
indictment, or information charging the offense, the court shall
sentence the offender to a mandatory prison term as provided in
division (D)(7) of section 2929.14 of the Revised Code and shall
order the offender to make restitution as provided in division
(B)(8) of section 2929.18 of the Revised Code.
Sec. 2923.01. (A) No person, with purpose to commit or to
promote or facilitate the commission of aggravated murder, murder,
kidnapping, abduction, compelling prostitution, promoting
prostitution,
trafficking in persons, aggravated arson, arson,
aggravated robbery, robbery, aggravated burglary, burglary,
engaging in a pattern of corrupt activity, corrupting another with
drugs, a felony drug trafficking, manufacturing, processing, or
possession offense, theft of drugs, or illegal processing of drug
documents, the commission of a felony offense of unauthorized use
of a vehicle, illegally transmitting multiple commercial
electronic mail messages or unauthorized access of a computer in
violation of section 2923.421 of the Revised Code, or the
commission of a violation of any provision of Chapter 3734. of the
Revised Code, other than section 3734.18 of the Revised Code, that
relates to hazardous wastes, shall do either of the following:
(1) With another person or persons, plan or aid in planning
the commission of any of the specified offenses;
(2) Agree with another person or persons that one or more of
them will engage in conduct that facilitates the commission of any
of the specified offenses.
(B) No person shall be convicted of conspiracy unless a
substantial overt act in furtherance of the conspiracy is alleged
and proved to have been done by the accused or a person with whom
the accused conspired, subsequent to the accused's entrance into
the conspiracy. For purposes of this section, an overt act is
substantial when it is of a character that manifests a purpose on
the part of the actor that the object of the conspiracy should be
completed.
(C) When the offender knows or has reasonable cause to
believe that a person with whom the offender conspires also has
conspired or is conspiring with another to commit the same
offense, the offender is guilty of conspiring with that other
person, even though the other person's identity may be unknown to
the offender.
(D) It is no defense to a charge under this section that, in
retrospect, commission of the offense that was the object of the
conspiracy was impossible under the circumstances.
(E) A conspiracy terminates when the offense or offenses that
are its objects are committed or when it is abandoned by all
conspirators. In the absence of abandonment, it is no defense to a
charge under this section that no offense that was the object of
the conspiracy was committed.
(F) A person who conspires to commit more than one offense is
guilty of only one conspiracy, when the offenses are the object of
the same agreement or continuous conspiratorial relationship.
(G) When a person is convicted of committing or attempting to
commit a specific offense or of complicity in the commission of or
attempt to commit the specific offense, the person shall not be
convicted of conspiracy involving the same offense.
(H)(1) No person shall be convicted of conspiracy upon the
testimony of a person with whom the defendant conspired,
unsupported by other evidence.
(2) If a person with whom the defendant allegedly has
conspired testifies against the defendant in a case in which the
defendant is charged with conspiracy and if the testimony is
supported by other evidence, the court, when it charges the jury,
shall state substantially the following:
"The testimony of an accomplice that is supported by other
evidence does not become inadmissible because of the accomplice's
complicity, moral turpitude, or self-interest, but the admitted or
claimed complicity of a witness may affect the witness'
credibility and make the witness' testimony subject to grave
suspicion, and require that it be weighed with great caution.
It is for you, as jurors, in the light of all the facts
presented to you from the witness stand, to evaluate such
testimony and to determine its quality and worth or its lack of
quality and worth."
(3) "Conspiracy," as used in division (H)(1) of this section,
does not include any conspiracy that results in an attempt to
commit an offense or in the commission of an offense.
(I) The following are affirmative defenses to a charge of
conspiracy:
(1) After conspiring to commit an offense, the actor thwarted
the success of the conspiracy under circumstances manifesting a
complete and voluntary renunciation of the actor's criminal
purpose.
(2) After conspiring to commit an offense, the actor
abandoned the conspiracy prior to the commission of or attempt to
commit any offense that was the object of the conspiracy, either
by advising all other conspirators of the actor's abandonment, or
by informing any law enforcement authority of the existence of the
conspiracy and of the actor's participation in the conspiracy.
(J) Whoever violates this section is guilty of conspiracy,
which is one of the following:
(1) A felony of the first degree, when one of the objects of
the conspiracy is aggravated murder, murder, or an offense for
which the maximum penalty is imprisonment for life;
(2) A felony of the next lesser degree than the most serious
offense that is the object of the conspiracy, when the most
serious offense that is the object of the conspiracy is a felony
of the first, second, third, or fourth degree;
(3) A felony punishable by a fine of not more than
twenty-five thousand dollars or imprisonment for not more than
eighteen months, or both, when the offense that is the object of
the conspiracy is a violation of any provision of Chapter 3734. of
the Revised Code, other than section 3734.18 of the Revised Code,
that relates to hazardous wastes;
(4) A misdemeanor of the first degree, when the most serious
offense that is the object of the conspiracy is a felony of the
fifth degree.
(K) This section does not define a separate conspiracy
offense or penalty where conspiracy is defined as an offense by
one or more sections of the Revised Code, other than this section.
In such a case, however:
(1) With respect to the offense specified as the object of
the conspiracy in the other section or sections, division (A) of
this section defines the voluntary act or acts and culpable mental
state necessary to constitute the conspiracy;
(2) Divisions (B) to (I) of this section are incorporated by
reference in the conspiracy offense defined by the other section
or sections of the Revised Code.
(L)(1) In addition to the penalties that otherwise are
imposed for conspiracy, a person who is found guilty of conspiracy
to engage in a pattern of corrupt activity is subject to divisions
(B)(2) and (3) of section 2923.32, division (A) of section
2981.04, and division (D) of section 2981.06 of the Revised Code.
(2) If a person is convicted of or pleads guilty to
conspiracy and if the most serious offense that is the object of
the conspiracy is a felony drug trafficking, manufacturing,
processing, or possession offense, in addition to the penalties or
sanctions that may be imposed for the conspiracy under division
(J)(2) or (4) of this section and Chapter 2929. of the Revised
Code, both of the following apply:
(a) The provisions of divisions (D), (F), and (G) of section
2925.03, division (D) of section 2925.04, division (D) of section
2925.05, division (D) of section 2925.06, and division (E) of
section 2925.11 of the Revised Code that pertain to mandatory and
additional fines, driver's or commercial driver's license or
permit suspensions, and professionally licensed persons and that
would apply under the appropriate provisions of those divisions to
a person who is convicted of or pleads guilty to the felony drug
trafficking, manufacturing, processing, or possession offense that
is the most serious offense that is the basis of the conspiracy
shall apply to the person who is convicted of or pleads guilty to
the conspiracy as if the person had been convicted of or pleaded
guilty to the felony drug trafficking, manufacturing, processing,
or possession offense that is the most serious offense that is the
basis of the conspiracy.
(b) The court that imposes sentence upon the person who is
convicted of or pleads guilty to the conspiracy shall comply with
the provisions identified as being applicable under division
(L)(2) of this section, in addition to any other penalty or
sanction that it imposes for the conspiracy under division (J)(2)
or (4) of this section and Chapter 2929. of the Revised Code.
(M) As used in this section:
(1) "Felony drug trafficking, manufacturing, processing, or
possession offense" means any of the following that is a felony:
(a) A violation of section 2925.03, 2925.04, 2925.05, or
2925.06 of the Revised Code;
(b) A violation of section 2925.11 of the Revised Code that
is not a minor drug possession offense.
(2) "Minor drug possession offense" has the same meaning as
in section 2925.01 of the Revised Code.
Sec. 2923.31. As used in sections 2923.31 to 2923.36 of the
Revised Code:
(A) "Beneficial interest" means any of the following:
(1) The interest of a person as a beneficiary under a trust
in which the trustee holds title to personal or real property;
(2) The interest of a person as a beneficiary under any other
trust arrangement under which any other person holds title to
personal or real property for the benefit of such person;
(3) The interest of a person under any other form of express
fiduciary arrangement under which any other person holds title to
personal or real property for the benefit of such person.
"Beneficial interest" does not include the interest of a
stockholder in a corporation or the interest of a partner in
either a general or limited partnership.
(B) "Costs of investigation and prosecution" and "costs of
investigation and litigation" mean all of the costs incurred by
the state or a county or municipal corporation under sections
2923.31 to 2923.36 of the Revised Code in the prosecution and
investigation of any criminal action or in the litigation and
investigation of any civil action, and includes, but is not
limited to, the costs of resources and personnel.
(C) "Enterprise" includes any individual, sole
proprietorship, partnership, limited partnership, corporation,
trust, union, government agency, or other legal entity, or any
organization, association, or group of persons associated in fact
although not a legal entity. "Enterprise" includes illicit as well
as licit enterprises.
(D) "Innocent person" includes any bona fide purchaser of
property that is allegedly involved in a violation of section
2923.32 of the Revised Code, including any person who establishes
a valid claim to or interest in the property in accordance with
division (E) of section 2981.04 of the Revised Code, and any
victim of an alleged violation of that section or of any
underlying offense involved in an alleged violation of that
section.
(E) "Pattern of corrupt activity" means two or more incidents
of corrupt activity, whether or not there has been a prior
conviction, that are related to the affairs of the same
enterprise, are not isolated, and are not so closely related to
each other and connected in time and place that they constitute a
single event.
At least one of the incidents forming the pattern shall occur
on or after January 1, 1986. Unless any incident was an aggravated
murder or murder, the last of the incidents forming the pattern
shall occur within six years after the commission of any prior
incident forming the pattern, excluding any period of imprisonment
served by any person engaging in the corrupt activity.
For the purposes of the criminal penalties that may be
imposed pursuant to section 2923.32 of the Revised Code, at least
one of the incidents forming the pattern shall constitute a felony
under the laws of this state in existence at the time it was
committed or, if committed in violation of the laws of the United
States or of any other state, shall constitute a felony under the
law of the United States or the other state and would be a
criminal offense under the law of this state if committed in this
state.
(F) "Pecuniary value" means money, a negotiable instrument, a
commercial interest, or anything of value, as defined in section
1.03 of the Revised Code, or any other property or service that
has a value in excess of one hundred dollars.
(G) "Person" means any person, as defined in section 1.59 of
the Revised Code, and any governmental officer, employee, or
entity.
(H) "Personal property" means any personal property, any
interest in personal property, or any right, including, but not
limited to, bank accounts, debts, corporate stocks, patents, or
copyrights. Personal property and any beneficial interest in
personal property are deemed to be located where the trustee of
the property, the personal property, or the instrument evidencing
the right is located.
(I) "Corrupt activity" means engaging in, attempting to
engage in, conspiring to engage in, or soliciting, coercing, or
intimidating another person to engage in any of the following:
(1) Conduct defined as "racketeering activity" under the
"Organized Crime Control Act of 1970," 84 Stat. 941, 18 U.S.C.
1961(1)(B), (1)(C), (1)(D), and (1)(E), as amended;
(2) Conduct constituting any of the following:
(a) A violation of section 1315.55, 1322.02, 2903.01,
2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02,
2905.11, 2905.22, 2905.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28,
2909.29, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2911.31,
2913.05, 2913.06, 2921.02, 2921.03, 2921.04, 2921.11, 2921.12,
2921.32, 2921.41, 2921.42, 2921.43, 2923.12, or 2923.17; division
(F)(1)(a), (b), or (c) of section 1315.53; division (A)(1) or (2)
of section 1707.042; division (B), (C)(4), (D), (E), or (F) of
section 1707.44; division (A)(1) or (2) of section 2923.20;
division (J)(1) of section 4712.02; section 4719.02, 4719.05, or
4719.06; division (C), (D), or (E) of section 4719.07; section
4719.08; or division (A) of section 4719.09 of the Revised Code.
(b) Any violation of section 3769.11, 3769.15, 3769.16, or
3769.19 of the Revised Code as it existed prior to July 1, 1996,
any violation of section 2915.02 of the Revised Code that occurs
on or after July 1, 1996, and that, had it occurred prior to that
date, would have been a violation of section 3769.11 of the
Revised Code as it existed prior to that date, or any violation of
section 2915.05 of the Revised Code that occurs on or after July
1, 1996, and that, had it occurred prior to that date, would have
been a violation of section 3769.15, 3769.16, or 3769.19 of the
Revised Code as it existed prior to that date.
(c) Any violation of section 2907.21, 2907.22, 2907.31,
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42,
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37
of the Revised Code, any violation of section 2925.11 of the
Revised Code that is a felony of the first, second, third, or
fourth degree and that occurs on or after July 1, 1996, any
violation of section 2915.02 of the Revised Code that occurred
prior to July 1, 1996, any violation of section 2915.02 of the
Revised Code that occurs on or after July 1, 1996, and that, had
it occurred prior to that date, would not have been a violation of
section 3769.11 of the Revised Code as it existed prior to that
date, any violation of section 2915.06 of the Revised Code as it
existed prior to July 1, 1996, or any violation of division (B) of
section 2915.05 of the Revised Code as it exists on and after July
1, 1996, when the proceeds of the violation, the payments made in
the violation, the amount of a claim for payment or for any other
benefit that is false or deceptive and that is involved in the
violation, or the value of the contraband or other property
illegally possessed, sold, or purchased in the violation exceeds
five hundred dollars, or any combination of violations described
in division (I)(2)(c) of this section when the total proceeds of
the combination of violations, payments made in the combination of
violations, amount of the claims for payment or for other benefits
that is false or deceptive and that is involved in the combination
of violations, or value of the contraband or other property
illegally possessed, sold, or purchased in the combination of
violations exceeds five hundred dollars;
(d) Any violation of section 5743.112 of the Revised Code
when the amount of unpaid tax exceeds one hundred dollars;
(e) Any violation or combination of violations of section
2907.32 of the Revised Code involving any material or performance
containing a display of bestiality or of sexual conduct, as
defined in section 2907.01 of the Revised Code, that is explicit
and depicted with clearly visible penetration of the genitals or
clearly visible penetration by the penis of any orifice when the
total proceeds of the violation or combination of violations, the
payments made in the violation or combination of violations, or
the value of the contraband or other property illegally possessed,
sold, or purchased in the violation or combination of violations
exceeds five hundred dollars;
(f) Any combination of violations described in division
(I)(2)(c) of this section and violations of section 2907.32 of the
Revised Code involving any material or performance containing a
display of bestiality or of sexual conduct, as defined in section
2907.01 of the Revised Code, that is explicit and depicted with
clearly visible penetration of the genitals or clearly visible
penetration by the penis of any orifice when the total proceeds of
the combination of violations, payments made in the combination of
violations, amount of the claims for payment or for other benefits
that is false or deceptive and that is involved in the combination
of violations, or value of the contraband or other property
illegally possessed, sold, or purchased in the combination of
violations exceeds five hundred dollars.
(3) Conduct constituting a violation of any law of any state
other than this state that is substantially similar to the conduct
described in division (I)(2) of this section, provided the
defendant was convicted of the conduct in a criminal proceeding in
the other state;
(4) Animal or ecological terrorism;
(5)(a) Conduct constituting any of the following:
(i) Organized retail theft;
(ii) Conduct that constitutes one or more violations of any
law of any state other than this state, that is substantially
similar to organized retail theft, and that if committed in this
state would be organized retail theft, if the defendant was
convicted of or pleaded guilty to the conduct in a criminal
proceeding in the other state.
(b) By enacting division (I)(5)(a) of this section, it is the
intent of the general assembly to add organized retail theft and
the conduct described in division (I)(5)(a)(ii) of this section as
conduct constituting corrupt activity. The enactment of division
(I)(5)(a) of this section and the addition by division (I)(5)(a)
of this section of organized retail theft and the conduct
described in division (I)(5)(a)(ii) of this section as conduct
constituting corrupt activity does not limit or preclude, and
shall not be construed as limiting or precluding, any prosecution
for a violation of section 2923.32 of the Revised Code that is
based on one or more violations of section 2913.02 or 2913.51 of
the Revised Code, one or more similar offenses under the laws of
this state or any other state, or any combination of any of those
violations or similar offenses, even though the conduct
constituting the basis for those violations or offenses could be
construed as also constituting organized retail theft or conduct
of the type described in division (I)(5)(a)(ii) of this section.
(J) "Real property" means any real property or any interest
in real property, including, but not limited to, any lease of, or
mortgage upon, real property. Real property and any beneficial
interest in it is deemed to be located where the real property is
located.
(K) "Trustee" means any of the following:
(1) Any person acting as trustee under a trust in which the
trustee holds title to personal or real property;
(2) Any person who holds title to personal or real property
for which any other person has a beneficial interest;
(3) Any successor trustee.
"Trustee" does not include an assignee or trustee for an
insolvent debtor or an executor, administrator, administrator with
the will annexed, testamentary trustee, guardian, or committee,
appointed by, under the control of, or accountable to a court.
(L) "Unlawful debt" means any money or other thing of value
constituting principal or interest of a debt that is legally
unenforceable in this state in whole or in part because the debt
was incurred or contracted in violation of any federal or state
law relating to the business of gambling activity or relating to
the business of lending money at an usurious rate unless the
creditor proves, by a preponderance of the evidence, that the
usurious rate was not intentionally set and that it resulted from
a good faith error by the creditor, notwithstanding the
maintenance of procedures that were adopted by the creditor to
avoid an error of that nature.
(M) "Animal activity" means any activity that involves the
use of animals or animal parts, including, but not limited to,
hunting, fishing, trapping, traveling, camping, the production,
preparation, or processing of food or food products, clothing or
garment manufacturing, medical research, other research,
entertainment, recreation, agriculture, biotechnology, or service
activity that involves the use of animals or animal parts.
(N) "Animal facility" means a vehicle, building, structure,
nature preserve, or other premises in which an animal is lawfully
kept, handled, housed, exhibited, bred, or offered for sale,
including, but not limited to, a zoo, rodeo, circus, amusement
park, hunting preserve, or premises in which a horse or dog event
is held.
(O) "Animal or ecological terrorism" means the commission of
any felony that involves causing or creating a substantial risk of
physical harm to any property of another, the use of a deadly
weapon or dangerous ordnance, or purposely, knowingly, or
recklessly causing serious physical harm to property and that
involves an intent to obstruct, impede, or deter any person from
participating in a lawful animal activity, from mining, foresting,
harvesting, gathering, or processing natural resources, or from
being lawfully present in or on an animal facility or research
facility.
(P) "Research facility" means a place, laboratory,
institution, medical care facility, government facility, or public
or private educational institution in which a scientific test,
experiment, or investigation involving the use of animals or other
living organisms is lawfully carried out, conducted, or attempted.
(Q) "Organized retail theft" means the theft of retail
property with a retail value of five hundred dollars or more from
one or more retail establishments with the intent to sell,
deliver, or transfer that property to a retail property fence.
(R) "Retail property" means any tangible personal property
displayed, held, stored, or offered for sale in or by a retail
establishment.
(S) "Retail property fence" means a person who possesses,
procures, receives, or conceals retail property that was
represented to the person as being stolen or that the person knows
or believes to be stolen.
(T) "Retail value" means the full retail value of the retail
property. In determining whether the retail value of retail
property equals or exceeds five hundred dollars, the value of all
retail property stolen from the retail establishment or retail
establishments by the same person or persons within any
one-hundred-eighty-day period shall be aggregated.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to
division (A)(2) of this section, any facility other than an
offender's home or residence in which an offender is assigned to
live and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek
or maintain employment or may receive education, training,
treatment, or habilitation.
(b) It has received the appropriate license or certificate
for any specialized education, training, treatment, habilitation,
or other service that it provides from the government agency that
is responsible for licensing or certifying that type of education,
training, treatment, habilitation, or service.
(2) "Alternative residential facility" does not include a
community-based correctional facility, jail, halfway house, or
prison.
(B) "Basic probation supervision" means a requirement that
the offender maintain contact with a person appointed to supervise
the offender in accordance with sanctions imposed by the court or
imposed by the parole board pursuant to section 2967.28 of the
Revised Code. "Basic probation supervision" includes basic parole
supervision and basic post-release control supervision.
(C) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the same meanings as in section 2925.01 of the
Revised Code.
(D) "Community-based correctional facility" means a
community-based correctional facility and program or district
community-based correctional facility and program developed
pursuant to sections 2301.51 to 2301.58 of the Revised Code.
(E) "Community control sanction" means a sanction that is not
a prison term and that is described in section 2929.15, 2929.16,
2929.17, or 2929.18 of the Revised Code or a sanction that is not
a jail term and that is described in section 2929.26, 2929.27, or
2929.28 of the Revised Code. "Community control sanction" includes
probation if the sentence involved was imposed for a felony that
was committed prior to July 1, 1996, or if the sentence involved
was imposed for a misdemeanor that was committed prior to January
1, 2004.
(F) "Controlled substance," "marihuana," "schedule I," and
"schedule II" have the same meanings as in section 3719.01 of the
Revised Code.
(G) "Curfew" means a requirement that an offender during a
specified period of time be at a designated place.
(H) "Day reporting" means a sanction pursuant to which an
offender is required each day to report to and leave a center or
other approved reporting location at specified times in order to
participate in work, education or training, treatment, and other
approved programs at the center or outside the center.
(I) "Deadly weapon" has the same meaning as in section
2923.11 of the Revised Code.
(J) "Drug and alcohol use monitoring" means a program under
which an offender agrees to submit to random chemical analysis of
the offender's blood, breath, or urine to determine whether the
offender has ingested any alcohol or other drugs.
(K) "Drug treatment program" means any program under which a
person undergoes assessment and treatment designed to reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to receive assessment and
treatment on an outpatient basis or may be required to reside at a
facility other than the person's home or residence while
undergoing assessment and treatment.
(L) "Economic loss" means any economic detriment suffered by
a victim as a direct and proximate result of the commission of an
offense and includes any loss of income due to lost time at work
because of any injury caused to the victim, and any property loss,
medical cost, or funeral expense incurred as a result of the
commission of the offense. "Economic loss" does not include
non-economic loss or any punitive or exemplary damages.
(M) "Education or training" includes study at, or in
conjunction with a program offered by, a university, college, or
technical college or vocational study and also includes the
completion of primary school, secondary school, and literacy
curricula or their equivalent.
(N) "Firearm" has the same meaning as in section 2923.11 of
the Revised Code.
(O) "Halfway house" means a facility licensed by the division
of parole and community services of the department of
rehabilitation and correction pursuant to section 2967.14 of the
Revised Code as a suitable facility for the care and treatment of
adult offenders.
(P) "House arrest" means a period of confinement of an
offender that is in the offender's home or in other premises
specified by the sentencing court or by the parole board pursuant
to section 2967.28 of the Revised Code and during which all of the
following apply:
(1) The offender is required to remain in the offender's home
or other specified premises for the specified period of
confinement, except for periods of time during which the offender
is at the offender's place of employment or at other premises as
authorized by the sentencing court or by the parole board.
(2) The offender is required to report periodically to a
person designated by the court or parole board.
(3) The offender is subject to any other restrictions and
requirements that may be imposed by the sentencing court or by the
parole board.
(Q) "Intensive probation supervision" means a requirement
that an offender maintain frequent contact with a person appointed
by the court, or by the parole board pursuant to section 2967.28
of the Revised Code, to supervise the offender while the offender
is seeking or maintaining necessary employment and participating
in training, education, and treatment programs as required in the
court's or parole board's order. "Intensive probation supervision"
includes intensive parole supervision and intensive post-release
control supervision.
(R) "Jail" means a jail, workhouse, minimum security jail, or
other residential facility used for the confinement of alleged or
convicted offenders that is operated by a political subdivision or
a combination of political subdivisions of this state.
(S) "Jail term" means the term in a jail that a sentencing
court imposes or is authorized to impose pursuant to section
2929.24 or 2929.25 of the Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction.
(T) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of section
2903.06 or division (D) of section 2903.08 of the Revised Code,
division (E) or (G) of section 2929.24 of the Revised Code,
division (B) of section 4510.14 of the Revised Code, or division
(G) of section 4511.19 of the Revised Code or pursuant to any
other provision of the Revised Code that requires a term in a jail
for a misdemeanor conviction.
(U) "Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.
(V) "License violation report" means a report that is made by
a sentencing court, or by the parole board pursuant to section
2967.28 of the Revised Code, to the regulatory or licensing board
or agency that issued an offender a professional license or a
license or permit to do business in this state and that specifies
that the offender has been convicted of or pleaded guilty to an
offense that may violate the conditions under which the offender's
professional license or license or permit to do business in this
state was granted or an offense for which the offender's
professional license or license or permit to do business in this
state may be revoked or suspended.
(W) "Major drug offender" means an offender who is convicted
of or pleads guilty to the possession of, sale of, or offer to
sell any drug, compound, mixture, preparation, or substance that
consists of or contains at least one thousand grams of hashish; at
least one hundred grams of crack cocaine; at least one thousand
grams of cocaine that is not crack cocaine; at least two thousand
five hundred unit doses or two hundred fifty grams of heroin; at
least five thousand unit doses of L.S.D. or five hundred grams of
L.S.D. in a liquid concentrate, liquid extract, or liquid
distillate form; or at least one hundred times the amount of any
other schedule I or II controlled substance other than marihuana
that is necessary to commit a felony of the third degree pursuant
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised
Code that is based on the possession of, sale of, or offer to sell
the controlled substance.
(X) "Mandatory prison term" means any of the following:
(1) Subject to division (X)(2) of this section, the term in
prison that must be imposed for the offenses or circumstances set
forth in divisions (F)(1) to (8) or (F)(12) to (18) of section
2929.13 and division (D) of section 2929.14 of the Revised Code.
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05,
and 2925.11 of the Revised Code, unless the maximum or another
specific term is required under section 2929.14 or 2929.142 of the
Revised Code, a mandatory prison term described in this division
may be any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree felony OVI offense pursuant to division (G)(2) of
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19
of the Revised Code or the term of one, two, three, four, or five
years in prison that a sentencing court is required to impose
pursuant to division (G)(2) of section 2929.13 of the Revised
Code.
(3) The term in prison imposed pursuant to division (A) of
section 2971.03 of the Revised Code for the offenses and in the
circumstances described in division (F)(11) of section 2929.13 of
the Revised Code or pursuant to division (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code and that term as modified or
terminated pursuant to section 2971.05 of the Revised Code.
(Y) "Monitored time" means a period of time during which an
offender continues to be under the control of the sentencing court
or parole board, subject to no conditions other than leading a
law-abiding life.
(Z) "Offender" means a person who, in this state, is
convicted of or pleads guilty to a felony or a misdemeanor.
(AA) "Prison" means a residential facility used for the
confinement of convicted felony offenders that is under the
control of the department of rehabilitation and correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.
(BB) "Prison term" includes either of the following sanctions
for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the approval of,
the sentencing court pursuant to section 2929.20, 2967.26,
5120.031, 5120.032, or 5120.073 of the Revised Code.
(CC) "Repeat violent offender" means a person about whom both
of the following apply:
(1) The person is being sentenced for committing or for
complicity in committing any of the following:
(a) Aggravated murder, murder, any felony of the first or
second degree that is an offense of violence, or an attempt to
commit any of these offenses if the attempt is a felony of the
first or second degree;
(b) An offense under an existing or former law of this state,
another state, or the United States that is or was substantially
equivalent to an offense described in division (CC)(1)(a) of this
section.
(2) The person previously was convicted of or pleaded guilty
to an offense described in division (CC)(1)(a) or (b) of this
section.
(DD) "Sanction" means any penalty imposed upon an offender
who is convicted of or pleads guilty to an offense, as punishment
for the offense. "Sanction" includes any sanction imposed pursuant
to any provision of sections 2929.14 to 2929.18 or 2929.24 to
2929.28 of the Revised Code.
(EE) "Sentence" means the sanction or combination of
sanctions imposed by the sentencing court on an offender who is
convicted of or pleads guilty to an offense.
(FF) "Stated prison term" means the prison term, mandatory
prison term, or combination of all prison terms and mandatory
prison terms imposed by the sentencing court pursuant to section
2929.14, 2929.142, or 2971.03 of the Revised Code or under section
2919.25 of the Revised Code. "Stated prison term" includes any
credit received by the offender for time spent in jail awaiting
trial, sentencing, or transfer to prison for the offense and any
time spent under house arrest or house arrest with electronic
monitoring imposed after earning credits pursuant to section
2967.193 of the Revised Code.
(GG) "Victim-offender mediation" means a reconciliation or
mediation program that involves an offender and the victim of the
offense committed by the offender and that includes a meeting in
which the offender and the victim may discuss the offense, discuss
restitution, and consider other sanctions for the offense.
(HH) "Fourth degree felony OVI offense" means a violation of
division (A) of section 4511.19 of the Revised Code that, under
division (G) of that section, is a felony of the fourth degree.
(II) "Mandatory term of local incarceration" means the term
of sixty or one hundred twenty days in a jail, a community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony OVI offense pursuant to division (G)(1) of section 2929.13
of the Revised Code and division (G)(1)(d) or (e) of section
4511.19 of the Revised Code.
(JJ) "Designated homicide, assault, or kidnapping offense,"
"violent sex offense," "sexual motivation specification,"
"sexually violent offense," "sexually violent predator," and
"sexually violent predator specification" have the same meanings
as in section 2971.01 of the Revised Code.
(KK) "Sexually oriented offense," "child-victim oriented
offense," and "tier III sex offender/child-victim offender," have
the same meanings as in section 2950.01 of the Revised Code.
(LL) An offense is "committed in the vicinity of a child" if
the offender commits the offense within thirty feet of or within
the same residential unit as a child who is under eighteen years
of age, regardless of whether the offender knows the age of the
child or whether the offender knows the offense is being committed
within thirty feet of or within the same residential unit as the
child and regardless of whether the child actually views the
commission of the offense.
(MM) "Family or household member" has the same meaning as in
section 2919.25 of the Revised Code.
(NN) "Motor vehicle" and "manufactured home" have the same
meanings as in section 4501.01 of the Revised Code.
(OO) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(PP) "Third degree felony OVI offense" means a violation of
division (A) of section 4511.19 of the Revised Code that, under
division (G) of that section, is a felony of the third degree.
(QQ) "Random drug testing" has the same meaning as in section
5120.63 of the Revised Code.
(RR) "Felony sex offense" has the same meaning as in section
2967.28 of the Revised Code.
(SS) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
(TT) "Electronic monitoring" means monitoring through the use
of an electronic monitoring device.
(UU) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (UU)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (UU)(1)(a) of this section, can transmit continuously
those signals by telephone to a central monitoring computer of the
type described in division (UU)(1)(c) of this section, and can
transmit continuously an appropriate signal to that central
monitoring computer if the receiver is turned off or altered
without prior court approval or otherwise tampered with.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by telephone by a
receiver of the type described in division (UU)(1)(b) of this
section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division
(UU)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in
division (UU)(1) of this section and that conforms with all of the
following:
(a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved.
(VV) "Non-economic loss" means nonpecuniary harm suffered by
a victim of an offense as a result of or related to the commission
of the offense, including, but not limited to, pain and suffering;
loss of society, consortium, companionship, care, assistance,
attention, protection, advice, guidance, counsel, instruction,
training, or education; mental anguish; and any other intangible
loss.
(WW) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(XX) "Continuous alcohol monitoring" means the ability to
automatically test and periodically transmit alcohol consumption
levels and tamper attempts at least every hour, regardless of the
location of the person who is being monitored.
(YY) A person is "adjudicated a sexually violent predator" if
the person is convicted of or pleads guilty to a violent sex
offense and also is convicted of or pleads guilty to a sexually
violent predator specification that was included in the
indictment, count in the indictment, or information charging that
violent sex offense or if the person is convicted of or pleads
guilty to a designated homicide, assault, or kidnapping offense
and also is convicted of or pleads guilty to both a sexual
motivation specification and a sexually violent predator
specification that were included in the indictment, count in the
indictment, or information charging that designated homicide,
assault, or kidnapping offense.
(ZZ) An offense is "committed in proximity to a school" if
the offender commits the offense in a school safety zone or within
five hundred feet of any school building or the boundaries of any
school premises, regardless of whether the offender knows the
offense is being committed in a school safety zone or within five
hundred feet of any school building or the boundaries of any
school premises.
(AAA) "Human trafficking" means a scheme or plan to which all
of the following apply:
(1) Its object is to subject a victim or victims to
involuntary servitude, to compel a victim or victims to engage in
sexual activity for hire, to engage in a performance that is
obscene, sexually oriented, or nudity oriented, or to be a model
or participant in the production of material that is obscene,
sexually oriented, or nudity oriented.
(2) It involves at least two felony offenses, whether or not
there has been a prior conviction for any of the felony offenses,
to which all of the following apply:
(a) Each of the felony offenses is a violation of section
2905.01, 2905.02, 2905.32, 2907.21, 2907.22, or 2923.32, division
(A)(1) or (2) of section 2907.323, or division (B)(1), (2), (3),
(4), or (5) of section 2919.22 of the Revised Code or is a
violation of a law of any state other than this state that is
substantially similar to any of the sections or divisions of the
Revised Code identified in this division.
(b) At least one of the felony offenses was committed in this
state.
(c) The felony offenses are related to the same scheme or
plan, and are not isolated instances, and are not so closely
related to each other and connected in time and place that they
constitute a single event or transaction.
(BBB) "Material," "nudity," "obscene," "performance," and
"sexual activity" have the same meanings as in section 2907.01 of
the Revised Code.
(CCC) "Material that is obscene, sexually oriented, or nudity
oriented" means any material that is obscene, that shows a person
participating or engaging in sexual activity, masturbation, or
bestiality, or that shows a person in a state of nudity.
(DDD) "Performance that is obscene, sexually oriented, or
nudity oriented" means any performance that is obscene, that shows
a person participating or engaging in sexual activity,
masturbation, or bestiality, or that shows a person in a state of
nudity.
(EEE) "Involuntary servitude" has the same meaning as in
section 2905.31 of the Revised Code.
Sec. 2929.14. (A) Except as provided in division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (D)(7), (D)(8),
(G), (I), (J), or (L) of this section or in division (D)(6) of
section 2919.25 of the Revised Code and except in relation to an
offense for which a sentence of death or life imprisonment is to
be imposed, if the court imposing a sentence upon an offender for
a felony elects or is required to impose a prison term on the
offender pursuant to this chapter, the court shall impose a
definite prison term that shall be one of the following:
(1) For a felony of the first degree, the prison term shall
be three, four, five, six, seven, eight, nine, or ten years.
(2) For a felony of the second degree, the prison term shall
be two, three, four, five, six, seven, or eight years.
(3) For a felony of the third degree, the prison term shall
be one, two, three, four, or five years.
(4) For a felony of the fourth degree, the prison term shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5) For a felony of the fifth degree, the prison term shall
be six, seven, eight, nine, ten, eleven, or twelve months.
(B) Except as provided in division (C), (D)(1), (D)(2),
(D)(3), (D)(5), (D)(6), (D)(7), (D)(8), (G), (I), (J), or (L) of
this section, in section 2907.02 , 2907.05, or 2919.25 of the
Revised Code, or in Chapter 2925. of the Revised Code, if the
court imposing a sentence upon an offender for a felony elects or
is required to impose a prison term on the offender, the court
shall impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless one or more of
the following applies:
(1) The offender was serving a prison term at the time of the
offense, or the offender previously had served a prison term.
(2) The court finds on the record that the shortest prison
term will demean the seriousness of the offender's conduct or will
not adequately protect the public from future crime by the
offender or others.
(C) Except as provided in division (D)(7), (D)(8), (G), or
(L) of this section, in section 2919.25 of the Revised Code, or in
Chapter 2925. of the Revised Code, the court imposing a sentence
upon an offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of this
section only upon offenders who committed the worst forms of the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat violent
offenders in accordance with division (D)(2) of this section.
(D)(1)(a) Except as provided in division (D)(1)(e) of this
section, if an offender who is convicted of or pleads guilty to a
felony also is convicted of or pleads guilty to a specification of
the type described in section 2941.141, 2941.144, or 2941.145 of
the Revised Code, the court shall impose on the offender one of
the following prison terms:
(i) A prison term of six years if the specification is of the
type described in section 2941.144 of the Revised Code that
charges the offender with having a firearm that is an automatic
firearm or that was equipped with a firearm muffler or silencer on
or about the offender's person or under the offender's control
while committing the felony;
(ii) A prison term of three years if the specification is of
the type described in section 2941.145 of the Revised Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense and displaying the firearm, brandishing the firearm,
indicating that the offender possessed the firearm, or using it to
facilitate the offense;
(iii) A prison term of one year if the specification is of
the type described in section 2941.141 of the Revised Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the felony.
(b) If a court imposes a prison term on an offender under
division (D)(1)(a) of this section, the prison term shall not be
reduced pursuant to section 2929.20, section 2967.193, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. Except as provided in division (D)(1)(g) of this section, a
court shall not impose more than one prison term on an offender
under division (D)(1)(a) of this section for felonies committed as
part of the same act or transaction.
(c) Except as provided in division (D)(1)(e) of this section,
if an offender who is convicted of or pleads guilty to a violation
of section 2923.161 of the Revised Code or to a felony that
includes, as an essential element, purposely or knowingly causing
or attempting to cause the death of or physical harm to another,
also is convicted of or pleads guilty to a specification of the
type described in section 2941.146 of the Revised Code that
charges the offender with committing the offense by discharging a
firearm from a motor vehicle other than a manufactured home, the
court, after imposing a prison term on the offender for the
violation of section 2923.161 of the Revised Code or for the other
felony offense under division (A), (D)(2), or (D)(3) of this
section, shall impose an additional prison term of five years upon
the offender that shall not be reduced pursuant to section
2929.20, section 2967.193, or any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A court shall not impose
more than one additional prison term on an offender under division
(D)(1)(c) of this section for felonies committed as part of the
same act or transaction. If a court imposes an additional prison
term on an offender under division (D)(1)(c) of this section
relative to an offense, the court also shall impose a prison term
under division (D)(1)(a) of this section relative to the same
offense, provided the criteria specified in that division for
imposing an additional prison term are satisfied relative to the
offender and the offense.
(d) If an offender who is convicted of or pleads guilty to an
offense of violence that is a felony also is convicted of or
pleads guilty to a specification of the type described in section
2941.1411 of the Revised Code that charges the offender with
wearing or carrying body armor while committing the felony offense
of violence, the court shall impose on the offender a prison term
of two years. The prison term so imposed shall not be reduced
pursuant to section 2929.20, section 2967.193, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A
court shall not impose more than one prison term on an offender
under division (D)(1)(d) of this section for felonies committed as
part of the same act or transaction. If a court imposes an
additional prison term under division (D)(1)(a) or (c) of this
section, the court is not precluded from imposing an additional
prison term under division (D)(1)(d) of this section.
(e) The court shall not impose any of the prison terms
described in division (D)(1)(a) of this section or any of the
additional prison terms described in division (D)(1)(c) of this
section upon an offender for a violation of section 2923.12 or
2923.123 of the Revised Code. The court shall not impose any of
the prison terms described in division (D)(1)(a) or (b) of this
section upon an offender for a violation of section 2923.122 that
involves a deadly weapon that is a firearm other than a dangerous
ordnance, section 2923.16, or section 2923.121 of the Revised
Code. The court shall not impose any of the prison terms described
in division (D)(1)(a) of this section or any of the additional
prison terms described in division (D)(1)(c) of this section upon
an offender for a violation of section 2923.13 of the Revised Code
unless all of the following apply:
(i) The offender previously has been convicted of aggravated
murder, murder, or any felony of the first or second degree.
(ii) Less than five years have passed since the offender was
released from prison or post-release control, whichever is later,
for the prior offense.
(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause the death of or physical harm to another and
also is convicted of or pleads guilty to a specification of the
type described in section 2941.1412 of the Revised Code that
charges the offender with committing the offense by discharging a
firearm at a
peace officer as defined in section 2935.01 of the
Revised Code or a corrections officer, as defined in section
2941.1412 of the Revised Code, the court, after imposing a prison
term on the offender for the felony offense under division (A),
(D)(2), or (D)(3) of this section, shall impose an additional
prison term of seven years upon the offender that shall not be
reduced pursuant to section 2929.20, section 2967.193, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. If an offender is convicted of or pleads guilty to two or
more felonies that include, as an essential element, causing or
attempting to cause the death or physical harm to another and also
is convicted of or pleads guilty to a specification of the type
described under division (D)(1)(f) of this section in connection
with two or more of the felonies of which the offender is
convicted or to which the offender pleads guilty, the sentencing
court shall impose on the offender the prison term specified under
division (D)(1)(f) of this section for each of two of the
specifications of which the offender is convicted or to which the
offender pleads guilty and, in its discretion, also may impose on
the offender the prison term specified under that division for any
or all of the remaining specifications. If a court imposes an
additional prison term on an offender under division (D)(1)(f) of
this section relative to an offense, the court shall not impose a
prison term under division (D)(1)(a) or (c) of this section
relative to the same offense.
(g) If an offender is convicted of or pleads guilty to two or
more felonies, if one or more of those felonies is aggravated
murder, murder, attempted aggravated murder, attempted murder,
aggravated robbery, felonious assault, or rape, and if the
offender is convicted of or pleads guilty to a specification of
the type described under division (D)(1)(a) of this section in
connection with two or more of the felonies, the sentencing court
shall impose on the offender the prison term specified under
division (D)(1)(a) of this section for each of the two most
serious specifications of which the offender is convicted or to
which the offender pleads guilty and, in its discretion, also may
impose on the offender the prison term specified under that
division for any or all of the remaining specifications.
(2)(a) If division (D)(2)(b) of this section does not apply,
the court may impose on an offender, in addition to the longest
prison term authorized or required for the offense, an additional
definite prison term of one, two, three, four, five, six, seven,
eight, nine, or ten years if all of the following criteria are
met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offense of which the offender currently is convicted
or to which the offender currently pleads guilty is aggravated
murder and the court does not impose a sentence of death or life
imprisonment without parole, murder, terrorism and the court does
not impose a sentence of life imprisonment without parole, any
felony of the first degree that is an offense of violence and the
court does not impose a sentence of life imprisonment without
parole, or any felony of the second degree that is an offense of
violence and the trier of fact finds that the offense involved an
attempt to cause or a threat to cause serious physical harm to a
person or resulted in serious physical harm to a person.
(iii) The court imposes the longest prison term for the
offense that is not life imprisonment without parole.
(iv) The court finds that the prison terms imposed pursuant
to division (D)(2)(a)(iii) of this section and, if applicable,
division (D)(1) or (3) of this section are inadequate to punish
the offender and protect the public from future crime, because the
applicable factors under section 2929.12 of the Revised Code
indicating a greater likelihood of recidivism outweigh the
applicable factors under that section indicating a lesser
likelihood of recidivism.
(v) The court finds that the prison terms imposed pursuant to
division (D)(2)(a)(iii) of this section and, if applicable,
division (D)(1) or (3) of this section are demeaning to the
seriousness of the offense, because one or more of the factors
under section 2929.12 of the Revised Code indicating that the
offender's conduct is more serious than conduct normally
constituting the offense are present, and they outweigh the
applicable factors under that section indicating that the
offender's conduct is less serious than conduct normally
constituting the offense.
(b) The court shall impose on an offender the longest prison
term authorized or required for the offense and shall impose on
the offender an additional definite prison term of one, two,
three, four, five, six, seven, eight, nine, or ten years if all of
the following criteria are met:
(i) The offender is convicted of or pleads guilty to a
specification of the type described in section 2941.149 of the
Revised Code that the offender is a repeat violent offender.
(ii) The offender within the preceding twenty years has been
convicted of or pleaded guilty to three or more offenses described
in division (CC)(1) of section 2929.01 of the Revised Code,
including all offenses described in that division of which the
offender is convicted or to which the offender pleads guilty in
the current prosecution and all offenses described in that
division of which the offender previously has been convicted or to
which the offender previously pleaded guilty, whether prosecuted
together or separately.
(iii) The offense or offenses of which the offender currently
is convicted or to which the offender currently pleads guilty is
aggravated murder and the court does not impose a sentence of
death or life imprisonment without parole, murder, terrorism and
the court does not impose a sentence of life imprisonment without
parole, any felony of the first degree that is an offense of
violence and the court does not impose a sentence of life
imprisonment without parole, or any felony of the second degree
that is an offense of violence and the trier of fact finds that
the offense involved an attempt to cause or a threat to cause
serious physical harm to a person or resulted in serious physical
harm to a person.
(c) For purposes of division (D)(2)(b) of this section, two
or more offenses committed at the same time or as part of the same
act or event shall be considered one offense, and that one offense
shall be the offense with the greatest penalty.
(d) A sentence imposed under division (D)(2)(a) or (b) of
this section shall not be reduced pursuant to section 2929.20 or
section 2967.193, or any other provision of Chapter 2967. or
Chapter 5120. of the Revised Code. The offender shall serve an
additional prison term imposed under this section consecutively to
and prior to the prison term imposed for the underlying offense.
(e) When imposing a sentence pursuant to division (D)(2)(a)
or (b) of this section, the court shall state its findings
explaining the imposed sentence.
(3)(a) Except when an offender commits a violation of section
2903.01 or 2907.02 of the Revised Code and the penalty imposed for
the violation is life imprisonment or commits a violation of
section 2903.02 of the Revised Code, if the offender commits a
violation of section 2925.03 or 2925.11 of the Revised Code and
that section classifies the offender as a major drug offender and
requires the imposition of a ten-year prison term on the offender,
if the offender commits a felony violation of section 2925.02,
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,
4729.37, or 4729.61, division (C) or (D) of section 3719.172,
division (C) of section 4729.51, or division (J) of section
4729.54 of the Revised Code that includes the sale, offer to sell,
or possession of a schedule I or II controlled substance, with the
exception of marihuana, and the court imposing sentence upon the
offender finds that the offender is guilty of a specification of
the type described in section 2941.1410 of the Revised Code
charging that the offender is a major drug offender, if the court
imposing sentence upon an offender for a felony finds that the
offender is guilty of corrupt activity with the most serious
offense in the pattern of corrupt activity being a felony of the
first degree, or if the offender is guilty of an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, the
court shall impose upon the offender for the felony violation a
ten-year prison term that cannot be reduced pursuant to section
2929.20 or Chapter 2967. or 5120. of the Revised Code.
(b) The court imposing a prison term on an offender under
division (D)(3)(a) of this section may impose an additional prison
term of one, two, three, four, five, six, seven, eight, nine, or
ten years, if the court, with respect to the term imposed under
division (D)(3)(a) of this section and, if applicable, divisions
(D)(1) and (2) of this section, makes both of the findings set
forth in divisions (D)(2)(a)(iv) and (v) of this section.
(4) If the offender is being sentenced for a third or fourth
degree felony OVI offense under division (G)(2) of section 2929.13
of the Revised Code, the sentencing court shall impose upon the
offender a mandatory prison term in accordance with that division.
In addition to the mandatory prison term, if the offender is being
sentenced for a fourth degree felony OVI offense, the court,
notwithstanding division (A)(4) of this section, may sentence the
offender to a definite prison term of not less than six months and
not more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the sentencing
court may sentence the offender to an additional prison term of
any duration specified in division (A)(3) of this section. In
either case, the additional prison term imposed shall be reduced
by the sixty or one hundred twenty days imposed upon the offender
as the mandatory prison term. The total of the additional prison
term imposed under division (D)(4) of this section plus the sixty
or one hundred twenty days imposed as the mandatory prison term
shall equal a definite term in the range of six months to thirty
months for a fourth degree felony OVI offense and shall equal one
of the authorized prison terms specified in division (A)(3) of
this section for a third degree felony OVI offense. If the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the offender has served the mandatory prison term required for the
offense. In addition to the mandatory prison term or mandatory and
additional prison term imposed as described in division (D)(4) of
this section, the court also may sentence the offender to a
community control sanction under section 2929.16 or 2929.17 of the
Revised Code, but the offender shall serve all of the prison terms
so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony
OVI offense under division (G)(1) of section 2929.13 of the
Revised Code and the court imposes a mandatory term of local
incarceration, the court may impose a prison term as described in
division (A)(1) of that section.
(5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1414 of the
Revised Code that charges that the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised Code,
or an investigator of the bureau of criminal identification and
investigation, as defined in section 2903.11 of the Revised Code,
the court shall impose on the offender a prison term of five
years. If a court imposes a prison term on an offender under
division (D)(5) of this section, the prison term shall not be
reduced pursuant to section 2929.20, section 2967.193, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (D)(5) of this section for felonies
committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1415 of the
Revised Code that charges that the offender previously has been
convicted of or pleaded guilty to three or more violations of
division (A) or (B) of section 4511.19 of the Revised Code or an
equivalent offense, as defined in section 2941.1415 of the Revised
Code, or three or more violations of any combination of those
divisions and offenses, the court shall impose on the offender a
prison term of three years. If a court imposes a prison term on an
offender under division (D)(6) of this section, the prison term
shall not be reduced pursuant to section 2929.20, section
2967.193, or any other provision of Chapter 2967. or Chapter 5120.
of the Revised Code. A court shall not impose more than one prison
term on an offender under division (D)(6) of this section for
felonies committed as part of the same act.
(7)(a) If an offender is convicted of or pleads guilty to a
felony violation of section 2905.01, 2905.02, 2905.32, 2907.21,
2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323,
or division (B)(1), (2), (3), (4), or (5) of section 2919.22 of
the Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1422 of the
Revised Code that charges that the offender knowingly committed
the offense in furtherance of human trafficking, the court shall
impose on the offender a mandatory prison term that is one of the
following:
(i) If the offense is a felony of the first degree, a
definite prison term of not less than five years and not greater
than ten years;
(ii) If the offense is a felony of the second or third
degree, a definite prison term of not less than three years and
not greater than the maximum prison term allowed for the offense
by division (A) of section 2929.14 of the Revised Code;
(iii) If the offense is a felony of the fourth or fifth
degree, a definite prison term that is the maximum prison term
allowed for the offense by division (A) of section 2929.14 of the
Revised Code.
(b) The prison term imposed under division (D)(7)(a) of this
section shall not be reduced pursuant to section 2929.20, section
2967.193, or any other provision of Chapter 2967. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (D)(7)(a) of this section for felonies
committed as part of the same act, scheme, or plan.
(8) If an offender is convicted of or pleads guilty to a
felony violation of section 2903.11, 2903.12, or 2903.13 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1423 of the
Revised Code that charges that the victim of the violation was a
woman whom the offender knew was pregnant at the time of the
violation, notwithstanding the range of prison terms prescribed in
division (A) of this section for felonies of the same degree as
the violation, the court shall impose on the offender a mandatory
prison term that is either a definite prison term of six months or
one of the prison terms prescribed in section 2929.14 of the
Revised Code for felonies of the same degree as the violation.
(E)(1)(a) Subject to division (E)(1)(b) of this section, if a
mandatory prison term is imposed upon an offender pursuant to
division (D)(1)(a) of this section for having a firearm on or
about the offender's person or under the offender's control while
committing a felony, if a mandatory prison term is imposed upon an
offender pursuant to division (D)(1)(c) of this section for
committing a felony specified in that division by discharging a
firearm from a motor vehicle, or if both types of mandatory prison
terms are imposed, the offender shall serve any mandatory prison
term imposed under either division consecutively to any other
mandatory prison term imposed under either division or under
division (D)(1)(d) of this section, consecutively to and prior to
any prison term imposed for the underlying felony pursuant to
division (A), (D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for wearing or
carrying body armor while committing an offense of violence that
is a felony, the offender shall serve the mandatory term so
imposed consecutively to any other mandatory prison term imposed
under that division or under division (D)(1)(a) or (c) of this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or (D)(3) of
this section or any other section of the Revised Code, and
consecutively to any other prison term or mandatory prison term
previously or subsequently imposed upon the offender.
(c) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(f) of this section, the offender shall
serve the mandatory prison term so imposed consecutively to and
prior to any prison term imposed for the underlying felony under
division (A), (D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender.
(d) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(7) or (8) of this section, the offender
shall serve the mandatory prison term so imposed consecutively to
any other mandatory prison term imposed under that division or
under any other provision of law and consecutively to any other
prison term or mandatory prison term previously or subsequently
imposed upon the offender.
(2) If an offender who is an inmate in a jail, prison, or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an inmate in a jail, prison, or other residential
detention facility or is under detention at a detention facility
commits another felony while the offender is an escapee in
violation of section 2921.34 of the Revised Code, any prison term
imposed upon the offender for one of those violations shall be
served by the offender consecutively to the prison term or term of
imprisonment the offender was serving when the offender committed
that offense and to any other prison term previously or
subsequently imposed upon the offender.
(3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised Code, a violation of
division (A) of section 2913.02 of the Revised Code in which the
stolen property is a firearm or dangerous ordnance, or a felony
violation of division (B) of section 2921.331 of the Revised Code,
the offender shall serve that prison term consecutively to any
other prison term or mandatory prison term previously or
subsequently imposed upon the offender.
(4) If multiple prison terms are imposed on an offender for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the offender's conduct and to the danger the offender poses to
the public, and if the court also finds any of the following:
(a) The offender committed one or more of the multiple
offenses while the offender was awaiting trial or sentencing, was
under a sanction imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the Revised Code, or was under post-release control for
a prior offense.
(b) At least two of the multiple offenses were committed as
part of one or more courses of conduct, and the harm caused by two
or more of the multiple offenses so committed was so great or
unusual that no single prison term for any of the offenses
committed as part of any of the courses of conduct adequately
reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct demonstrates
that consecutive sentences are necessary to protect the public
from future crime by the offender.
(5) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section or section 2929.142 of
the Revised Code. If a mandatory prison term is imposed upon an
offender pursuant to division (D)(5) of this section, and if a
mandatory prison term also is imposed upon the offender pursuant
to division (D)(6) of this section in relation to the same
violation, the offender shall serve the mandatory prison term
imposed pursuant to division (D)(5) of this section consecutively
to and prior to the mandatory prison term imposed pursuant to
division (D)(6) of this section and consecutively to and prior to
any prison term imposed for the underlying violation of division
(A)(1) or (2) of section 2903.06 of the Revised Code pursuant to
division (A) of this section or section 2929.142 of the Revised
Code.
(6) When consecutive prison terms are imposed pursuant to
division (E)(1), (2), (3), (4), or (5) or division (J)(1) or (2)
of this section, the term to be served is the aggregate of all of
the terms so imposed.
(F)(1) If a court imposes a prison term for a felony of the
first degree, for a felony of the second degree, for a felony sex
offense, or for a felony of the third degree that is not a felony
sex offense and in the commission of which the offender caused or
threatened to cause physical harm to a person, it shall include in
the sentence a requirement that the offender be subject to a
period of post-release control after the offender's release from
imprisonment, in accordance with that division. If a court imposes
a sentence including a prison term of a type described in this
division on or after July 11, 2006, the failure of a court to
include a post-release control requirement in the sentence
pursuant to this division does not negate, limit, or otherwise
affect the mandatory period of post-release control that is
required for the offender under division (B) of section 2967.28 of
the Revised Code. Section 2929.191 of the Revised Code applies if,
prior to July 11, 2006, a court imposed a sentence including a
prison term of a type described in this division and failed to
include in the sentence pursuant to this division a statement
regarding post-release control.
(2) If a court imposes a prison term for a felony of the
third, fourth, or fifth degree that is not subject to division
(F)(1) of this section, it shall include in the sentence a
requirement that the offender be subject to a period of
post-release control after the offender's release from
imprisonment, in accordance with that division, if the parole
board determines that a period of post-release control is
necessary. Section 2929.191 of the Revised Code applies if, prior
to July 11, 2006, a court imposed a sentence including a prison
term of a type described in this division and failed to include in
the sentence pursuant to this division a statement regarding
post-release control.
(G) The court shall impose sentence upon the offender in
accordance with section 2971.03 of the Revised Code, and Chapter
2971. of the Revised Code applies regarding the prison term or
term of life imprisonment without parole imposed upon the offender
and the service of that term of imprisonment if any of the
following apply:
(1) A person is convicted of or pleads guilty to a violent
sex offense or a designated homicide, assault, or kidnapping
offense, and, in relation to that offense, the offender is
adjudicated a sexually violent predator.
(2) A person is convicted of or pleads guilty to a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after January 2, 2007, and either the court does
not impose a sentence of life without parole when authorized
pursuant to division (B) of section 2907.02 of the Revised Code,
or division (B) of section 2907.02 of the Revised Code provides
that the court shall not sentence the offender pursuant to section
2971.03 of the Revised Code.
(3) A person is convicted of or pleads guilty to attempted
rape committed on or after January 2, 2007, and a specification of
the type described in section 2941.1418, 2941.1419, or 2941.1420
of the Revised Code.
(4) A person is convicted of or pleads guilty to a violation
of section 2905.01 of the Revised Code committed on or after
January 1, 2008, and that section requires the court to sentence
the offender pursuant to section 2971.03 of the Revised Code.
(5) A person is convicted of or pleads guilty to aggravated
murder committed on or after January 1, 2008, and division
(A)(2)(b)(ii) of section 2929.022, division (A)(1)(e),
(C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or
(E)(1)(d) of section 2929.03, or division (A) or (B) of section
2929.06 of the Revised Code requires the court to sentence the
offender pursuant to division (B)(3) of section 2971.03 of the
Revised Code.
(6) A person is convicted of or pleads guilty to murder
committed on or after January 1, 2008, and division (B)(2) of
section 2929.02 of the Revised Code requires the court to sentence
the offender pursuant to section 2971.03 of the Revised Code.
(H) If a person who has been convicted of or pleaded guilty
to a felony is sentenced to a prison term or term of imprisonment
under this section, sections 2929.02 to 2929.06 of the Revised
Code, section 2929.142 of the Revised Code, section 2971.03 of the
Revised Code, or any other provision of law, section 5120.163 of
the Revised Code applies regarding the person while the person is
confined in a state correctional institution.
(I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence also is convicted of or
pleads guilty to a specification of the type described in section
2941.142 of the Revised Code that charges the offender with having
committed the felony while participating in a criminal gang, the
court shall impose upon the offender an additional prison term of
one, two, or three years.
(J)(1) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a felony of the first, second, or
third degree that is an offense of violence also is convicted of
or pleads guilty to a specification of the type described in
section 2941.143 of the Revised Code that charges the offender
with having committed the offense in a school safety zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall serve the additional two years consecutively to and
prior to the prison term imposed for the underlying offense.
(2)(a) If an offender is convicted of or pleads guilty to a
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25
of the Revised Code and to a specification of the type described
in section 2941.1421 of the Revised Code and if the court imposes
a prison term on the offender for the felony violation, the court
may impose upon the offender an additional prison term as follows:
(i) Subject to division (J)(2)(a)(ii) of this section, an
additional prison term of one, two, three, four, five, or six
months;
(ii) If the offender previously has been convicted of or
pleaded guilty to one or more felony or misdemeanor violations of
section 2907.22, 2907.23, 2907.24, 2907.241, or 2907.25 of the
Revised Code and also was convicted of or pleaded guilty to a
specification of the type described in section 2941.1421 of the
Revised Code regarding one or more of those violations, an
additional prison term of one, two, three, four, five, six, seven,
eight, nine, ten, eleven, or twelve months.
(b) In lieu of imposing an additional prison term under
division (J)(2)(a) of this section, the court may directly impose
on the offender a sanction that requires the offender to wear a
real-time processing, continual tracking electronic monitoring
device during the period of time specified by the court. The
period of time specified by the court shall equal the duration of
an additional prison term that the court could have imposed upon
the offender under division (J)(2)(a) of this section. A sanction
imposed under this division shall commence on the date specified
by the court, provided that the sanction shall not commence until
after the offender has served the prison term imposed for the
felony violation of section 2907.22, 2907.24, 2907.241, or 2907.25
of the Revised Code and any residential sanction imposed for the
violation under section 2929.16 of the Revised Code. A sanction
imposed under this division shall be considered to be a community
control sanction for purposes of section 2929.15 of the Revised
Code, and all provisions of the Revised Code that pertain to
community control sanctions shall apply to a sanction imposed
under this division, except to the extent that they would by their
nature be clearly inapplicable. The offender shall pay all costs
associated with a sanction imposed under this division, including
the cost of the use of the monitoring device.
(K) At the time of sentencing, the court may recommend the
offender for placement in a program of shock incarceration under
section 5120.031 of the Revised Code or for placement in an
intensive program prison under section 5120.032 of the Revised
Code, disapprove placement of the offender in a program of shock
incarceration or an intensive program prison of that nature, or
make no recommendation on placement of the offender. In no case
shall the department of rehabilitation and correction place the
offender in a program or prison of that nature unless the
department determines as specified in section 5120.031 or 5120.032
of the Revised Code, whichever is applicable, that the offender is
eligible for the placement.
If the court disapproves placement of the offender in a
program or prison of that nature, the department of rehabilitation
and correction shall not place the offender in any program of
shock incarceration or intensive program prison.
If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program prison,
and if the offender is subsequently placed in the recommended
program or prison, the department shall notify the court of the
placement and shall include with the notice a brief description of
the placement.
If the court recommends placement of the offender in a
program of shock incarceration or in an intensive program prison
and the department does not subsequently place the offender in the
recommended program or prison, the department shall send a notice
to the court indicating why the offender was not placed in the
recommended program or prison.
If the court does not make a recommendation under this
division with respect to an offender and if the department
determines as specified in section 5120.031 or 5120.032 of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and determine if there is an
available program of shock incarceration or an intensive program
prison for which the offender is suited. If there is an available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the proposed placement of the offender as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief description of the placement. The court
shall have ten days from receipt of the notice to disapprove the
placement.
(L) If a person is convicted of or pleads guilty to
aggravated vehicular homicide in violation of division (A)(1) of
section 2903.06 of the Revised Code and division (B)(2)(c) of that
section applies, the person shall be sentenced pursuant to section
2929.142 of the Revised Code.
Sec. 2930.21. (A) A victim of a violation of section 2905.32
of the Revised Code who is a minor shall be provided with
appropriate services, which may include an explanation of the
victim's rights, privacy, housing, care, and age-appropriate
support and rights.
(B) The department of job and family services shall develop
procedures for reuniting the minor with family members in the
minor's country of origin or destination country whenever it is
possible and safe to do so.
(C) The departments of health and mental health shall develop
procedures for providing special physical and mental health care
tailored to the minor's needs.
Sec. 2941.1422. (A) Imposition of a mandatory prison term
under division (D)(7) of section 2929.14 of the Revised Code is
precluded unless the offender is convicted of or pleads guilty to
a felony violation of section 2905.01, 2905.02, 2905.32, 2907.21,
2907.22, or 2923.32, division (A)(1) or (2) of section 2907.323,
or division (B)(1), (2), (3), (4), or (5) of section 2919.22 of
the Revised Code and unless the indictment, count in the
indictment, or information charging the offense specifies that the
offender knowingly committed the offense in furtherance of human
trafficking. The specification shall be stated at the end of the
body of the indictment, count, or information and shall be stated
in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The
Grand Jurors (or insert the person's or the prosecuting attorney's
name when appropriate) further find and specify that (set forth
that the defendant knowingly committed the offense in furtherance
of human trafficking)."
(B) As used in this section, "human trafficking" has the same
meaning as in section 2929.01 of the Revised Code.
Sec. 4113.72. (A) The director of commerce shall create a
poster that provides information regarding the national human
trafficking resource center hotline. The poster shall be no
smaller than eight and one-half inches by eleven inches in size
and shall include a statement in substantially the following form:
"If you or someone you know is being forced to engage in any
activity and cannot leave – whether it is commercial sex,
housework, farm work, or any other activity – call the National
Human Trafficking Resource Center Hotline at 1-888-373-7888 to
access help and services.
Victims of human trafficking are protected under U.S. and
Ohio law.
The toll-free Hotline is:
- Available 24 hours a day, 7 days a week
- Operated by a non-profit, non-governmental organization
- Anonymous & confidential
- Accessible in 170 languages
- Able to provide help, referral to services, training,
and general information."
The statement shall appear on each poster in English,
Spanish, and, for each county, any other language required for
voting materials under section 1973aa-1a of the "Voting Rights Act
of 1965," 79 Stat. 437, 42 U.S.C. 1973, as amended.
(B) The director of commerce, or the appropriate regulatory
authority, if any, shall provide each owner or operator of an
establishment listed in division (C) of this section with notice
of this section and a copy of the appropriate national human
trafficking resource center hotline poster for display in each
establishment. The director and each state agency having
regulatory authority over any of those establishments shall make a
copy of each version of the poster available for print on their
respective public web sites.
(C) A person who owns or operates any of the following
establishments shall display conspicuously in each establishment,
in a place where employees and customers, patients, or students
have access, a national human trafficking resource center hotline
poster created under division (A) of this section for the county
in which the poster will be displayed:
(1) A highway truck stop;
(2) A hotel, as defined in section 3731.01 of the Revised
Code;
(3) An adult entertainment establishment, as defined in
section 2907.39 of the Revised Code;
(4) Any establishment that has a liquor permit issued under
Chapter 4303. of the Revised Code, except for those establishments
that also have a retail food services license or a food services
operations license issued under Chapter 3717. of the Revised Code;
(5) An agricultural labor camp, as defined in section 3733.41
of the Revised Code;
(6) A hospital or urgent care center;
(7) Any public or chartered nonpublic school offering grades
nine through twelve;
(8) Any establishment operating as a massage parlor, massage
spa, alternative health clinic, or similar entity by persons who
do not hold a valid certificate from the state medical board to
practice massage therapy under Chapter 4731. of the Revised Code;
(D) Whoever violates division (C) of this section is guilty
of a misdemeanor of the fourth degree and, notwithstanding
sections 2929.24 and 2929.28 of the Revised Code, is punishable by
imprisonment up to ten days, a fine of up to one thousand dollars,
or both.
(E) As used in this section:
(1) "Fair" means the annual exposition conducted by any
county or independent agricultural society or the Ohio expositions
commission.
(2) "Highway truck stop" means a gas station with a sign that
is visible from a highway, as defined in section 5501.01 of the
Revised Code, that offers amenities to commercial vehicles.
Sec. 5515.071. The director of transportation shall display
conspicuously at each rest area within the limits of the
right-of-way of interstate highways and other state highways a
national human trafficking resource center hotline poster created
under division (A) of section 4113.72 of the Revised Code for the
county in which the poster will be displayed.
Section 2. That existing sections 109.73, 2901.13, 2905.01,
2905.02, 2907.21, 2923.01, 2923.31, 2929.01, 2929.14, and
2941.1422 of the Revised Code are hereby repealed.
Section 3. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following sections,
presented in this act as composites of the sections as amended by
the acts indicated, are the resulting versions of the sections in
effect prior to the effective date of the sections as presented in
this act:
Section 2901.13 of the Revised Code as amended by both Sub.
H.B. 46 and S.B. 219 of the 127th General Assembly.
Sections 2929.01 and 2929.14 of the Revised Code as amended
by both Am. Sub. H.B. 130 and Am. Sub. H.B. 280 of the 127th
General Assembly.
|
|